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HomeMy WebLinkAbout093 - 08/04/2020 - AUTHORIZING THE CONVEYANCE OF A PERMANENT STORMWATER EASEMENT ON THE SOUTHRIDGE GOLF COURSE TO 6015 ORDINANCE NO. 093, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT STORMWATER EASEMENT ON THE SOUTHRIDGE GOLF COURSE TO 6015 TIMBERLINE, LLC AND APPROVING RELATED MAINTENANCE OBLIGATIONS WHEREAS, the City is the owner of a parcel of land known as Tract A of the Southridge Golf Course (the"City Property"); and WHEREAS, 6015 Timberline, LLC owns a tract of land commonly referred to as the "Rennat Subdivision" that is adjacent to the east of the City Property; and WHEREAS, the parties acknowledge that there have been historic surface water drainage and stormwater flows o the City Property from the undeveloped Rennat Subdivision property onto the Southridge Golf Course (the"Historic Drainage"); and WHEREAS, 6015 Timberline, LLC intends to develop the Rennat Subdivision property and is awaiting approval of its Final Development Plan FDP200006 (the"FDP"); and WHEREAS, as a condition precedent to approval of the FDP for the Rennat Subdivision, an express easement for surface water and stormwater flows from the property, as developed in accordance with the FDP (the "Easement") must be documented to meet City development standards; and WHEREAS, in order to satisfy the City's development standards and permit approval of the FDP, 6015 Timberline, LLC and the City have negotiated the Easement and Agreement with Terms and Conditions attached hereto as Exhibit "A" and incorporated herein (the "Easement Agreement"); and WHEREAS, the location of the Easement is shown and described on Exhibit "C", of the Easement Agreement; and WHEREAS, as reflected in the attached Easement Agreement, 6015 Timberline, LLC will relinquish rights it may have in light of the Historic Drainage in consideration of the City's grant of the Easement; and WHEREAS, in consideration of the City's maintenance of the Easement in perpetuity as set forth in the Easement Agreement, 6015 Timberline, LLC will pay the City the sum of $15,200; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interests in real property owned by the City, provided the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, City staff recommends the grant of the Easement and approval of the Easement Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the conveyance of the Easement and approval of the Easement Agreement as provided herein is in the best interests of the City and that the consideration received by the City in the form of the relinquished rights that may arise from the Historic Drainage is at least equal to the fair market value of the Easement as required by City Code Section 23-114. Section 3. That the Mayor is hereby authorized to execute the Easement Agreement substantially in the form attached hereto with such modifications or additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 21st day of July, A.D. 2020 and to be presented for final passa a on the 4th da o August, A.D. 2020. OF FOR CO ATTEST: ��"�. •'C��� SEAL, ity ClY3111coLoRA�o Passed and adopted on final reading on this 4th day of August, A.D. 2020. Gayvor ATTEST: ��04 FORr col< SEAL .ity Cl �'oz.r_ifi P�U -2-